Board of Education of Central School District No. 2 v. Nyquist

This is a proceeding pursuant to article 78 of the CPLR.

Petitioner, the Board of Education of Central School District No. 2 of the Town of Oyster Bay, New York (herein the Board) has instituted an article 78 proceeding to set aside a decision of the respondent, the Acting Commissioner of Education (herein Commissioner). Petitioner contends the decision was arbitrary and capricious and was predicated upon errors of law. Respondent, in lieu of interposing an answer, has moved to dismiss the petition. The intervenor-respondent in this proceeding, Cora E. Cullen, was allowed to intervene by…